Introduction
The gender pay gap is one of the economic issues that affects many countries in the world, including the UK, where women work. All low-paying, undervalued jobs that women do come under this term. Even the built-in gender bias erodes equity and continues to sustain the gap. The United Kingdom has several permitted gender wage gap-related acts under the complex legal structure. This attempts to correct historical injustices and establish a remuneration system that attributes women reasonably for their hard labor. Nonetheless, equal pay challenges social norms that challenge the premise of what society considers normal.
Question 1: Demonstrate an understanding and knowledge of a contemporary issue in law.
What is a law?
Law can be defined as a system of rules governing people’s behavior (Singh, 2021). It provides a foundation for instituting order, justice, and conflict resolution. This set of laws may include written and unwritten formal or informal rules; however, the combination forms a legal order regulating interpersonal relationships in society. Therefore, law is an orderly means of settling disputes and guaranteeing personal freedoms while upholding the values shared by all members of a human society.
The English Legal System (ELS) law comprises statutes, common law principles, and constitutional provisions. It is a living organism evolving as society changes and embodies new societal standards and values. The ELS is founded upon principles of impartiality, equality, and justice that balance individual liberty and collective concerns (Jhaveri, 2020). In this respect, the law is a binding force that penetrates virtually all aspects of life, acting as a creator for business contracts and personal relationships. It defines the morals in a discourse, establishes rights and obligations, and works as an instrument of dispute resolution. The law represents civilization since it determines the limits of a civilized and peaceful society.
The law-making process
There are a variety of individuals and institutions that participate in legal decision-making. The legislature is one of the main sources of law whereby legislation passes through legislative means, such as parliament in the UK. These statutes undergo a cumbersome formulation, debate, and approval process before being clothed with legal authority. In contrast, common law develops through judicial judgments, in which judges interpret and apply the principles of the existing legal system to a particular case (Levinson 2022, p.283). Moreover, constitutional documents and international treaties lead to the formation of legal rules. Since the law is dynamic, it must respond to societal changes. The role of legal scholars, practitioners, and policymakers in shaping the law as a tool to resolve emerging issues is essential. The point of the law is to serve society, which must also change to be relevant.
Why We Need Law
The law is one of society’s most important instruments to perform certain essential functions corresponding to a community’s requirements. The law provides a context for order and security in any society. It outlines acceptable behavior, defines limits, and states consequences for breaches (Singh, 2021). It guarantees reliability in communications and relationships, creating a feeling of safety and security for people.
Conflicts and wars are inevitable in any society. The structured law mechanism allows for settling conflicts without violence or impartiality. The courts and legal processes help people get redress when disputes arise, ensuring that societies remain stable. The law protects individual rights and freedoms. It sets a floor of protection, guaranteeing fair and equitable treatment for individuals (Singh, 2021). The law protects against undue actions and acts as a tool for enforcing the tenets of fairness in society.
The law is critical to implementing social justice because it seeks to eliminate prejudice and bias. It sets principles of equity and fairness, seeking to guide a civilization in which all individuals are treated with honor. It controls human behavior. Through laws and regulations, society can communicate its values and expectations by discouraging detrimental practices and encouraging the right actions that benefit the entire complex (Jhaveri, 2020). A society’s law represents its ethics and morality. It formalizes prevailing norms, standardizing for individuals and organizations what is considered acceptable behavior based upon established ethical principles.
Contemporary Issues in Law
Modern issues that define legal discussions and determine the direction of cultural norms continue to set trends in a dynamic world of law. Privacy is one of the most critical problems in the digital age. Technology provides a situation where people become aware of their personal information being monitored and hacked. Since it’s necessary to have a proper balance in the interest of innovation and user territory protection, legal boundaries should be altered by addressing how far surveillance goes from those aspects.
A contemporary issue that is also relevant to technology and the criminal justice interface includes artificial intelligence in addition to predictive policing. Nevertheless, algorithms used by law enforcers for predictive policing and crime prevention pose some concerns about the bias in them. Legal scholars have found it challenging to ensure equitable openness and accountability in AI policing.
Moreover, the court system suffers from environmental sustainability and climate change. The urgent need to address climatic issues means that legal structures should be able to regulate industries, protect environmental conservation, and provide entities for ecological impacts (Levinson 2021, p.285). The law ensures that environmental policies are entrenched, not only because of the increased climate-related claims.
Another modern issue that supersedes industries is employment law—the ongoing struggle to balance workers’ rights in the gig economy. So, the gig economy has eliminated old forms of traditional employment relationships that have generated conversations on worker classification, benefit entitlements, and permanency. Legal scholars and policymakers find their compass in the new reality of equal rights regardless of employment status.
Freedom of expression becomes a fresh dilemma in the civil rights arena upon evolving into the digital world. The development of social media networks and cyberspace has created a new era where individuals have more chances to express their opinions than ever. Still, at the same time, concerns about the dissemination of rumors, hate speech, and online censorship have increased (Jhaveri, 2020). Therefore, the legal system must consider maintaining a balance between preserving free speech and reducing the adverse effects of internet behavior.
These contemporary issues provide an insight into the true nature of law and its dynamism in adjusting to meet new challenges. Each of these issues requires a wise and similarly skilled legal response about the fact that justice and equity emanating from the law will continue in a changing world.
Impact of the Law
Problems with environmental sustainability for gig economy employees, free expression on social media, and people’s rights in the digital age are only a few of the many areas touched by recent developments in criminal justice and the law. Everyday life is impacted by the erosion of privacy in the digital age. Collecting and processing personal data affects how individuals engage, shop, and form relationships online. Realizing one is being digitally monitored influences choices across the board, from what people buy to what they communicate, shaping their lives to a tee.
The utilization of artificial technology in the criminal justice system creates moral questions regarding fairness within law enforcement procedures. It is palpable for those caught up in biased algorithmic decision-making, which may result in wrong arrest or discriminatory treatment. Trust in the criminal justice system is therefore relative to its balancing act of innovation, on the one hand, and safeguarding basic individual rights at all times.
The legal approach to environmental sustainability impacts everybody’s way of life. The laws and policies seeking to control desertification and climate change affect industries, types of energy sources, and consumption patterns. People see the real changes through energy practices, consumption patterns, and the general adaptive capacity of communities to climate change.
The legal questions concerning workers’ rights in non-standard employment arrangements impact those individuals. The results determine who works in this or that sector, what benefits they can get, how job security is provided, and the general employment perspective (Woodhams, Trojanowski, and Wilkinson, 2022). The dynamics of freedom of online expression directly affect those who participate in digital conversation. The judicial restrictions imposed on online speech make digital platforms inaccessible and narrow. The outcomes of online speech influence the atmosphere within society and affect public debate and how people perceive alternative viewpoints.
Question 2: “Women’s work” and the gender pay gap in the UK. Do you think the equal pay legislative regime sufficiently protects women?
In the UK, specifically in occupations considered “women’s work,” it has proven to be an ongoing problem, with multiple legislative initiatives implemented to address wage differences. Therefore, the effectiveness of the equal pay legislative regime will be investigated through an in-depth study of relevant Acts associated with Parliament’s consequences for violation, procedural complexities, and available recourse victim’s rights enforceable high-profile case law internationally.
The legal framework’s first stone for the gender pay gap in the UK is set by the Equality Act 2019. This Act explicitly states that gender discrimination is illegal and includes equal pay provisions. Part 66 of the Act provides for equal pay earned in similar jobs despite gender and broadens liability for contracts that may be discriminatory (Costa Dias, Joyce, and Parodi, 2020). Although the Equality Act is universal, its effectiveness depends on timely implementation, enactment, and continuous change with new challenges.
Equal pay obligations under the Equality Act lead to serious consequences for employers. They could be sanctioned, but notoriety may impact recruitment and market perception. The EHRC can implement compliance and investigate complaints, adding another level of enforcement to prevent non-compliance.
The Equality Act guides the process pathway for equal pay rights. A worker needs to find someone who can be the opposite sex and get an enormous amount for doing similar work. A formal complaint to the employer will also follow with an internal investigation. If reconciliation fails, the individual may complain to an employment tribunal with the power to adjudicate whether unequal pay exists and award remedies.
If the equal pay right is violated, victims have legal remedies. An employment tribunal may hear a case outside of the internal grievance procedure. A remedial measure that may be used could involve equal pay, back payment, and damages for any financial losses arising from the breach (Toczek, Bosma, and Peter, 2020). The law is intended to give victims the ability and opportunity to seek justice by addressing unlawful wage payment practices.
Several case laws have influenced how equal pay legislation should be interpreted and put into practice. The Asda Stores Ltd. v. Brierley and others case (2019) is also a clear illustration of how cases on equality of pay are paramount in most large enterprises respecting women working for them. This Court of Appeal stated that lowly-paid, predominantly female retail workers could compare their wages with higher-paid, mainly male distribution center employees and emphasized equal work for equivalent labor value.
The comparison of practices in the UK and international standards provides detailed information. However, many Scandinavian countries considered leaders in gender equality have implemented proactive initiatives such as pay transparency laws and affirmative action policies. For instance, Iceland was the first to introduce equal pay certification, whereby firms prove that they provide employees with wages for work of comparable value. Such international practices illustrate diverse methods of dealing with the gender pay gap, which could serve as a benchmark for UK legislation.
Though the UK equal pay legislation is relatively comprehensive, several problems may be identified when attempting to bring it into practice regarding payment equality. However, This type of discrimination is usually left to one employee alone, whereby he or she identifies and disputes the practice, thus creating avenues for potential obstacles among individuals unaware of their rights and fearful responses (Woodhams, Trojanowski, and Wilkinson, 2022). Legal remedies are long and expansive endeavors that would have one hesitating to file suits for equal pay.
In addition, a concentration on equal pay for work of equal value is not always responsive to broader issues, including occupation segregation and undervaluation in female-dominated occupations. However, a more advanced solution may need to be described so that the more profound nature of sexism-related relationships can be broached.
The United Kingdom’s equal pay regulatory framework provides a platform for addressing gender wage disparities. However, a continued effort is necessary to increase awareness levels, streamline processes, and remove systemic inequality. There are important lessons for international practices that encourage the UK to embrace unconventional methods and evolve a more balanced terrain between “women’s work” and gender pay disparity.
Question 3: Demonstrate how you made effective use of library and electronic resources to research relevant, specific legal information.
As I prepared this Individual Report on Women’s Work and the Gender Pay Gap in the UK, a multidimensional approach was used for research, referring to library resources such as notes, books from class materials, the ESL Blackboard, and various electronic resources.
As my first exploratory work in the field, I extensively reviewed archives and library materials, which provided me with multiple academic journals, legal books, and some reference works. This initial stage enabled me to understand better the historical background, legislative frameworks, and case law about the gender pay gap and equal pay legislation within the UK. Being an immense quarry of scholars’ opinions, the library’s mass assisted in broadening my vision of analysis.
The report is based on class materials, which shaped the conceptual framework. Lectures, discussions, and recommended readings played a vital role in my understanding of broader legal theories, historical backgrounds, and modern disputes on gender inequality and differentiation in wages. Using these class materials in my research ensured that the paper was relevant to this assignment and presented a high level of knowledge of law.
The ESL/CCCU Blackboard became a hub of activities that included course-related stuff, additional readings, and interaction between the students and their instructors plus peers. The engagement was fostered through checking announcements, participating in online forums, and accessing lecture recordings on Blackboard. Moreover, the site served as a collective learning space in which my peers’ penetrations offered me another angle related to women and the pay gap issue.
Furthermore, other e-resources significantly helped broaden my research area. Real-time sources such as online databases, legal research platforms, and some mainstream media offered details on legislative developments, pending court cases, and international practices that combat the gender pay gap. These electronic resources facilitated my ability to include the most recent information in the data analysis, effectively making this report up-to-date.
Assessing the success of my research process, I acknowledge that bringing together traditional library sources and digital tools enabled me to gain a wide-angle perspective on the topic. Synergistic relationships between class materials, Blackboard, and electronic resources provided a complete study of the gender pay gap. This helped me triangulate information, cross-reference legal precedents, and critically evaluate arguments.
Moreover, the inclusion of electronic resources that are easily accessible and user-friendly helped me achieve a spiral research mode that is characterized by constant improvement. These sites allowed efficient searching promptly, fast retrieval of the information once it had been found, and easy navigation through massive collections of legal materials.
Conclusion
In conclusion, the research on ‘women’s work,’ as well as gender pay gaps in the UK, also highlights many challenges with working on issues at this intersection between gender work and economic justice. The report systematically looked at the relevant Acts of Parliament, sanctions for violations, procedural complexities, and international comparisons to consolidate understanding of the legal context about equal pay. While the Equality Act 2010 acts as a point of reference, its implementation is solely based on continuous fluctuation to address persistent inequality in social and economic structures. In particular, the Asda Stores Ltd. v. Brierley case is interesting as it highlights the significance of an equal pay claim with promising prospects to influence change in the payment gap system.
Considering that the gender pay gap and valuing women’s work inadequately pose complicated challenges to understanding, particular measures are needed for change. First, there is an immediate legislative need to go beyond the mere case of equal pay for the same work. Nevertheless, the law system should be changed to solve problems with a historical discount of professions where women prevailed. It entails taking a more holistic approach, which would recognize and address the underlying structural biases leading to wage disparities.
Further, a paradigmatic shift in society’s view on gender roles and the price placed on different occupations is needed. Stereotypes of a culture that regards all kinds of work the same should be fought using awareness campaigns, education projects, and, most importantly, workplace programs. Such a cultural revolution is indispensable to establishing an environment that does not underrate ‘women’s work” and where individuals are judged on their merits, productivity, or years of service regardless of gender norms.
Bibliography
Costa Dias, M., Joyce, R. and Parodi, F. (2020). The gender pay gap in the UK: children and experience in work. Oxford Review of Economic Policy, 36(4), pp.855–881. doi:https://doi.org/10.1093/oxrep/graa053.
Jhaveri, S. (2020). Introduction: Contemporary Issues in Public Law—Theory, Doctrine and Practice. [online] Social Science Research Network. Available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3765123 [Accessed 20 Jul. 2023].
Levinson, S. (2022). The Pedagogy of ‘Equality’. The Journal of Contemporary Legal Issues, [online] 23(2), p.283. Available at: https://digital.sandiego.edu/jcli/vol23/iss2/6/ [Accessed 28 Jan. 2024].
Singh, V.K. (2021). A Prologue: Contemporary Issues in Law and Policy – Ten Major Reflections from 2021. SSRN Electronic Journal, 6. doi:https://doi.org/10.2139/ssrn.4005729.
Toczek, L., Bosma, H. and Peter, R. (2021). The Gender Pay Gap: Income Inequality Over Life Course – A Multilevel Analysis. Frontiers in Sociology, [online] 6(1). doi:https://doi.org/10.3389/fsoc.2021.815376.
Woodhams, C., Trojanowski, G. and Wilkinson, K. (2022). Merit Sticks to Men: Gender Pay Gaps and (In)equality at UK Russell Group Universities. Sex Roles, 86. doi:https://doi.org/10.1007/s11199-022-01277-2.
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